Section 25208.6 Of Article 9.5. Surface Impoundments From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 9.5.
25208.6
. When a regional board determines that a surface
impoundment is polluting, or threatens to pollute, the waters of the
state or that hazardous waste constituents are migrating from that
surface impoundment into the vadose zone or the waters of the state,
in concentrations which pollute the vadose zone, or pollute, or
threaten to pollute, the waters of the state, the regional board
shall either order the surface impoundment to close, if the regional
board determines that requiring the installation of double liners and
a leachate collection system and the conducting of groundwater
monitoring, as specified in subdivision (a) of Section 25208.5, does
not provide reasonable assurance of protection against future
migration into the vadose zone or the waters of the state, or take
both of the following actions:
(a) Issue a cease and desist order pursuant to Section 13301 of
the Water Code prohibiting any discharge into the surface impoundment
and require appropriate removal and remedial actions by the person
or other responsible parties to clean up any pollution which may have
occurred.
(b) Require the surface impoundment to comply with subdivision (a)
of Section 25208.5. The regional board shall not grant an exemption
for such a surface impoundment pursuant to subdivision (c) of Section
25208.5.